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On Constitutional Jurisprudence of economic

Author: Han Hao From: www.yourpaper.net Posted: 2010-06-24 15:33:49 Read:
Keywords: the economic constitution, constitutional property right economy financial power
Abstract: through the expression of "economic constitution" the words literally, will be able to determine the understanding of this subject is a new crossing marginal subject, is a discipline which form the basis of cross, each other in political science of law and economics of penetration of emerging full of vitality.Economic constitution to property rights as the theoretical foundation of the system, civil rights and state power as the conflict between property right and financial right country, its research purpose lies in solving conflicts between the two, to seek a balance point in the right and power by the analysis methods of economics.
Is in the social transition period of China social transformation, change and arrange external performance in all kinds of social system, and the essence of the meaning of transformation is no doubt that the economic system change and arrangement.The changing of the economic system and rearrange would inevitably bring about changes in the interest structure, resulting in many conflicts of interest in the interest relations change, especially in the conflict between the individual and the state is the most.While the economic constitution is a burgeoning course using economic analysis method to solve the personal interests and national interests conflict, the economic constitutionalism theory will play a fundamental role in the construction of the economic and social system of China proper.
, economic constitution subject character
From the nature of subject research perspective, economic constitution is positioned as an economic interpretation of decision problems.Specifically, the economic constitution using the theory and methods of economic analysis, selection of specific social system, its main purpose is "to test the relationship between the individual and the state in the form of".Economic constitution content is not novel, theoretical basis of subject is in classical economics, and the thought of constitutionalism, there is a close inner link with other disciplines.
1 Economic Constitution and classical economics
In a certain sense, society economic constitution is considered a duplicate of classical economics, especially in the works of Adam Simy content.However, classical political economics has its own goals, which in the absence of specific political constraints, given to the market operation explanation.At the end of eighteenth Century and early nineteenth Century, the British economy successfully non-political, empirical analysis of laissez-faire normative views is inevitably called night watch type minimum, national agent mixed, classical economics shift focus from the target system structure.However, given the protective order in the country, in the use of the ideal market evaluation standard, in fact, under certain conditions, there will be a "market failure" and "government failure".Economic constitution should do is, any normative judgment analysis purpose empirical comparison of content must be running for the selective combination rules of response information rich or constrain the properties used in the final.
2 economic constitution and constitutional subject group
Economic constitution is an important part of the constitution of the subject group.The constitution of this century need to implement the scientific analysis to the humanities in the way, from the discipline system is to break through the artificial barriers between the constitutional law and other humanities social sciences, the Constitution on the environment in the whole society, investigated its relationship with all kinds of social politics, economy, society, the phenomenon of culture, language etc. the formation of comprehensive constitution, political constitution, constitutional law, the constitution of economic sociology, constitutional culture and constitutional interpretation of the edge interdisciplinary legal subject group.Constitutional theory system has broad and narrow sense, the constitutional system refers to the constitutional theoretical knowledge and practical knowledge structure, order the logical arrangement, generalized constitutional system refers to the principles of constitutional law as the main theoretical system, including all branches of group interaction, composition complementary.Visible economic constitution is a member of the constitution of subject group, is part of a broad constitutional theory system.
3 economic constitution is a cross subject of economics and constitutional law
Discipline economic constitution is the constitutional law, and is a branch of economics.Anglo-American law does not admit the existence of economic law, lawyers do not pay attention to economic constitution.Constitutional economics James Buchanan and others founded the "" (the school of public choice), using economics methods, study of human economic and political choice of constitutional rules and system, think self-interest in the market of "economic man" in the transition to the political process of voters or officials, the selfish character does not change fundamentally, power 'abuse of power is inevitable, therefore, restrict the government power to prevent the abuse of power, power is the core problem of constitutional economics.This is completely back to the classical constitutional right to limit government position.Buchanan said, his theory is "representation of 18 nineteenth Century, conventional wisdom essence part of the".If economics is the study of how to allocate scarce resources science, constitutional law is the study of how to rationally allocate the scarce right subject, so economic constitution is the study of resource allocation and power allocation between disciplines.It absorbs the economics principle, using economics method, the constitutional norms of constitutional economic norms and economy, combine economic constitutional theory and constitutional economic theory, to establish their own theoretical system.
two, economic constitution -- core idea of economic constitutionalism
Free and intervention, public and private, power and right to construct new social cooperation system under the condition of modern market economy, the existing systems of social action and social system put forward the new proposition.Because of these social relations action space related social and economic importance, strong social antagonism to influence the social and economic order, economic constitutionalism thought therefrom.
1 economic constitutionalism origin
Constitutional thought is essentially a system designed to limit political power running.The classical constitutionalism thought one of the representative writers of David? Hume thinks, political writers to establish such a criterion, namely in the restriction and control of several constitutional and determine the design of any system of government, should put everyone assumed as a rogue, in all his actions, in addition to seek private interests, no other aims.Therefore, the center problem of the classical constitutionalism thought is how to ensure that citizens are not affected by the government and its officials abuse in a political system.Along this line of thinking, Rock and Montesquieu, 1, has designed a kind of separation of powers and checks and balances of the constitutional system.The continuous development of the economic society, people began to explore the relationship between different visual observation of constitutionalism, constitutionalism and the economy, and economic relations from the constitution to the first.The relationship between constitutional government and economy are mainly embodied in the constitution establishment, amendment and repeal of process.The oldest written constitution in the world is the United States of America the 1787 Constitution, and will be the first constitutional government and economy of the link is one of American historians economic school founder Beard, he believes that "the constitution is not the so-called national product, but that product is" an economic interest groups benefit from the, "in great changes society, like in the resulting formulation and through constitutional reform, economic strength is the original or fundamental forces, but also to other than the power of interpretation of facts".
the connotation of the 2 economic thought
Economic constitutionalism is the economic constitution as the premise, to economic democracy as the core, with the rule of law, in order to protect the private economic rights and regulate the economic power of a country as a constitutional form purpose.The concept of economic constitutionalism is the abstract representation of economic constitutionalism connotation of economic constitutionalism, as the rebel of all economic dictatorship, its basic content is to use economic constitution has been made in the field of economic democracy in fact confirmed, with the spirit of the rule of law development and improve the Democratic fact, in order to protect the private economic rights, balance and harmony to seek state economic power and private economic rights.Economic constitutionalism is ideal interpretation and actual meaning two.Its original meaning, balance and harmony is to seek the national economic power and private economic rights, is contrary to all economic autocracy, it can prevent the economic power of a country tyranny, also prevent the private economic rights tyranny; indeed meaning, is the performance of the economic constitution as the core, normative documents all reflect the economic constitutionalism the actual operation condition, and the performance of the normative documents.Only in the constitutional framework of national economic action and private economic behavior may have legitimate.
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